Last name needed on CR-1 forms....

[TenderHearted 39]

Guys,

 

    When me and my wife married, her last name was recorded as her maiden name. That is the way it shows on the marriage certificate. One the form for her last name, since she wishes to use mine, can we my last name as her last name now? I'm a little confused about this. Or, do I need to get something done with the marriage certificate?

[JKLSemicolon 414]

You'll need to be more specific on what form you are talking about, but in general:

 

The marriage certificate serves as a legal name change document. You can enter her married name as her last name on all paperwork for the initial I-130 petition, but ultimately if you want her visa and Permanent Resident Card issued in her married name, she will need to change her passport to her married name by the time of the interview. You will have to look into whether there is a process to do that in Spain and what the requirements are.

 

In our case, we are using my wife's married name on all documents in the US and filed the I-130 using that name (listing her maiden name in the appropriate section for other names used), but are unable to change her passport. As a result, for the DS-260 (visa application) we entered her maiden name, with her married name in the other names used. I am told the visa and Permanent Resident Card will eventually be issued in her maiden name (the passport name) and we will have to file form I-90 and pay to have it changed to her married name once she arrives to the US.

 

So the changing of the passport is a key step that can avoid more complicated things down the line, if you can do it.

 

Where did you get married?

[pushbrk 12,979]

The above is correct.  The certificate is as it is because Mary Jones did not Marry Bill Jones.  It's a question of "tense".  Mary Smith married Bill Jones and is now Mary Jones.  Whether Mary takes Jones as her name is usually a CHOICE but still the marriage certificate is all that is needed for Mary Smith to become Mary Jones.

 

[TenderHearted 39]

On 3/15/2021 at 11:16 AM, JKLSemicolon said:

You'll need to be more specific on what form you are talking about, but in general:

 

The marriage certificate serves as a legal name change document. You can enter her married name as her last name on all paperwork for the initial I-130 petition, but ultimately if you want her visa and Permanent Resident Card issued in her married name, she will need to change her passport to her married name by the time of the interview. You will have to look into whether there is a process to do that in Spain and what the requirements are.

 

In our case, we are using my wife's married name on all documents in the US and filed the I-130 using that name (listing her maiden name in the appropriate section for other names used), but are unable to change her passport. As a result, for the DS-260 (visa application) we entered her maiden name, with her married name in the other names used. I am told the visa and Permanent Resident Card will eventually be issued in her maiden name (the passport name) and we will have to file form I-90 and pay to have it changed to her married name once she arrives to the US.

 

So the changing of the passport is a key step that can avoid more complicated things down the line, if you can do it.

 

Where did you get married?

Were got married here in the US. She has went home and we are getting the paperwork ready to send in for the CR-1 petition. However, she is looking into what is required for her to get her passport re-issued with my last name, as she no longer wishes to have her maiden name. Is Spain, last names work differently than they do here. So it has caused just a little bit of headache.

[JKLSemicolon 414]

5 minutes ago, TenderHearted said:

Were got married here in the US. She has went home and we are getting the paperwork ready to send in for the CR-1 petition. However, she is looking into what is required for her to get her passport re-issued with my last name, as she no longer wishes to have her maiden name. Is Spain, last names work differently than they do here. So it has caused just a little bit of headache.

I'm all too familiar with these kind of last name issues! Good luck. I hope she is able to find a way to change the name on her passport, but if not, it is still possible to do things the way that we are planning to (i.e. get the green card in her maiden name and file to have it changed once your wife is in the US). However, that costs an extra $540 that I'm sure you would rather not spend if you can avoid it.

 

The reason I asked where you were married is that I wasn't sure if you would need to get an Apostille on the marriage certificate in order for your wife to do any of the necessary paperwork in Spain. But that really depends on the process there and I am not familiar with it.

Edited March 16, 2021 by JKLSemicolon

[TenderHearted 39]

22 hours ago, JKLSemicolon said:

I'm all too familiar with these kind of last name issues! Good luck. I hope she is able to find a way to change the name on her passport, but if not, it is still possible to do things the way that we are planning to (i.e. get the green card in her maiden name and file to have it changed once your wife is in the US). However, that costs an extra $540 that I'm sure you would rather not spend if you can avoid it.

 

The reason I asked where you were married is that I wasn't sure if you would need to get an Apostille on the marriage certificate in order for your wife to do any of the necessary paperwork in Spain. But that really depends on the process there and I am not familiar with it.

I figure that they will need an apostilized marriage certificate. She is checking into this now.. I told her now is no rush though, having found out what I have about the need of the name on the passport being changed for the consulate stage. It takes a little pressure off.

[JKLSemicolon 414]

5 hours ago, TenderHearted said:

I figure that they will need an apostilized marriage certificate. She is checking into this now.. I told her now is no rush though, having found out what I have about the need of the name on the passport being changed for the consulate stage. It takes a little pressure off.

Just a slight clarification, the stages of processing are:

 

1) USCIS

2) NVC

3) Embassy/Consulate

 

The passport ideally would be changed before the NVC stage so that the married name could be used when filling out the visa application and uploading the civil documents during that step. However, worst-case scenario it could be changed just prior to the interview and then pointed out to the Consular Officer on the interview day.

[TenderHearted 39]

14 hours ago, JKLSemicolon said:

Just a slight clarification, the stages of processing are:

 

1) USCIS

2) NVC

3) Embassy/Consulate

 

The passport ideally would be changed before the NVC stage so that the married name could be used when filling out the visa application and uploading the civil documents during that step. However, worst-case scenario it could be changed just prior to the interview and then pointed out to the Consular Officer on the interview day.

OK, that means there would be some time, but It's a little more limited. Still, extra time is time I can use. Thank you for bringing up that point. I will tell her she needs to get to it as fast as reasonably possible. While it's not a big rush, best to get this done early. It would be one less thing to have to worry about.